If a couple divorces and the wife is awarded the majority percentage but both are still on the deed, can she rent the property without her ex-husband’s consent?

Asked on March 15, 2012 under Real Estate Law, Idaho


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. I suggest that you look at the marital dissolution agreement concerning the property you are writing about to ascertain any language about renting it and who is to occupy it. Assuming one of the spouses is entitled to occupy the unit under the dissolution agreement, the spouse who gets to occupy the property is allowed under the law to rent the property without the ex spouse's consent absent any prohibition in the presumed marital dissolution agreement.

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